Anyway, as diligent college students, I believe that you are the mature and sharp group, not to mention the most receptive, to gain some valuable lessons and insights upon this important public issue, ranging from our constitutional system and our form of government, to the interplay of the branches of government and the political forces involved in this proposed legislation and proposed shift in our government policy.

I hope that you are all aware of a basic Philippine constitutional principle that certain parts of Mindanao are declared to be on a different political status in relation to the national government, and also in comparison with other local government units, say, for example, the City of Marikina.

This specific area in Muslim Mindanao has been recognized under Article 10 of the Constitution as an “AUTONOMOUS REGION”, alongside the Cordillera Region. In essence, they are a group of local government units, which share a “common and distinctive historical and cultural heritage”. Ibig sabihin, may “KASARINLAN” sila. But note, however, that the concept of “autonomy” is essentially and substantially different from “independence”, malaking bagay iyan where differences come up over and over again in this discussion. So while they may be viewed as “autonomous”, they are not “independent” from the Philippines.

Right now, this certain part of Muslim Mindanao is called by the legal description of “the Autonomous Region in Muslim Mindanao”, or simply yung madalas ninyo sigurong marinig, yung “ARMM”. The grant of their autonomy has been enfleshed in a law enacted by Congress. We had RA 6734 in 1989, and then RA 9054 in 2001.

To put in proper perspective, BBL we as an entire nation are now trying to renegotiate through BBL this grant of autonomy to the ARMM. During the previous legislations, it was the Moro National Liberation Front (MNLF) that stood as the negotiator for the ARMM. Ngayon naman, ang Moro Islamic Liberation Front (MILF) ang kausap ng ating pamahalaan. At sa halip na ARMM ang kanilang gustong itawag sa kanilang autonomous region, ang tawag ngayon ay “BANGSAMORO AUTONOMOUS REGION.”

In doing all these, we must governed and guided by the framework of our constitutional democracy. Hence, we have to follow the rules and precepts ordained by our Constitution.

To recall what you have learned in your Political Science, the form of government that is ordained and authorized under our 1987 Constitution is a so-called unitary, presidential, and republican form of government. On the national level, we have the executive department; we have the legislative and the judicial department, all the independent constitutional bodies.

On the local level, we have what are called the “territorial and political subdivisions” of our country, or our local government units, again a most popular example is the City of Marikina. These LGUs also enjoy local autonomy, but not to the degree allowed for the ARMM and the Cordilleras. Notwithstanding the grant of autonomy under the law, the President still has the power of general supervision over both the LGUs and the autonomous regions.

Dahil sila pa ay bahagi ng Republika ng Pilipinas. Kaya’t kahit Autonomous Region na sila, sumasa-ilalim parin sa ating pangulo, sumasa-ilalim parin sa taing National Government. Because of the primacy of our Constitution, the BBL, both in its SUBSTANCE and in the PROCEDURE for its enactment, must follow certain basic principles of the Constitution, and let me enumerate those basic principles of the Constitution.

1) The Agreements between the MILF and “Government of the Philippines” (GPH) does not bind the entire Philippine Government.

Kung maaalala ninyo, meron nang mga naging kasunduan sa pagitan ng MILF at tsaka ng GPH. Sa katunayan, ito ang nagbunsod ng tinaguriang “original draft” na BBL. But we have to understand, however, that the agreements do not bind the Congress. Neither do they bind the Supreme Court, much less the entire country. Even if you see the acronym “GPH”, giving the impression that it covers the entire Philippine government, you must not be misled and should rather remember that it only covers and binds the Executive Department, the President or Malacañang only. Anyway, it is our President who claimed that the ARMM was a “failed experiment”, and this is the reason that was given kung bakit natin ginagawa lahat ito. Bakit importante, bakit natin lahat pag usapan ang commitment ng ating pamahalaan?

2) Another point that we must follow on the Constitution. Congress, through the power of lawmaking, not only has the authority to enact the MILF-GPH original draft of the BBL, but also the power to change its terms and to make it faithful and amenable to the provisions of the Constitution and to ensure the balanced and inclusive development of our country and of the people.

Pero ang nagging problema—ANG MALAKING PROBLEMA—na lumabas sa aming mga naging pagdinig sa Senado at marami pa sa probisyon ng BBL ay labag sa Saligang Batas. Many in the provision on the draft BBL as given to us by the president, were found to be unconstitutional.

Ang gusto raw di-umano ng BBL ay gawing isang “state within a state” o isang sovereign state ang tinaguriang “Bangsamoro Autonomous Region”. It has all the elements of a State under the Montevideo Convention, number; 1) Permanent population; 2) A defined territory; and 3) Capacity to enter into relations with other States.

So I had to make sure that the Bangsamoro proposal would not turn the ARMM into a “state a state”. The national and territorial integrity of the Philippines should be preserved and shoul be protected. The Bangsamoro proposal should not contain provisions leading to opportunities for secession or breaking away. The matter of defense, security, peace and order in the Bangsamoro Region should always remain with the national government.

I also had to make sure that provisions leading to normalcy and more stable peace and order in the area were contained in my substitute bill. I fully agree that peace and development in Muslim Mindanao are as much the primary objectives of the BBL, as the grant of enhanced autonomy to the region. Hence, we included provisions on the so-called “normalization of communities” and most importantly the “decommissioning of forces”.

We have to disarm—literally and figuratively—so that this portion of this people who are so used to or so steeped in a culture of arms-bearing, fighting and killing. The enactment of the BBL is also a time for our brothers and sisters to lay down arms, and replace them with plows, tools of trade, books, computers, and other wholesome and more potent materials of creation—and not of destruction—and other building blocks of social development and progress.

In fact, these were some of the valuable lessons we have learned from the Mamasapano massacre in January of this year. We were able to appreciate the importance of achieving lasting PEACE in Mindanao. We were taught about the virtue of TRUST. Remember that the MILF was involved in this deadly skirmish—the very same group, the very same organization that our government had been exclusively talking to and negotiating with the past several years about (quite ironically) the quest for a just and lasting peace in Mindanao.

It is just very unfortunate that it had to take the lives of 44 brave policemen—all killed in the line of duty fighting for the cause of peace and against global terrorism—for us to be reminded of these important goals. But at the very least, we were greatly comforted by the thought that our Fallen 44 had given their lives not only for the single valiant purpose of bringing fugitives to justice, but for more important and transcendental reasons: that of revealing imperfections and weaknesses in the peace process in Muslim Mindanao.

That is why on my sponsorship speech for the substitute bill that I filed, I deemed it prudent and made it a point to pay tribute to the memory of our Fallen 44. May they forever be remembered by our truly grateful nation.

The third item featured on the constitution that must also remembered is;

3) The Supreme Court’s power of judicial review and authority to declare a law unconstitutional

The Supreme Court has the power to judge whether or not a law, any law, not only BBL, not only the Substitute Bill, but any law. Even it’s a challenged on the Supreme Court. The Supreme Court upon studying that law and make a judgment as to whether or not it’s consistent with the constitution or not. That is the power of the Supreme court

If we in Congress don’t do our job properly, all the painstaking work that is gone before would just end up being another sumptuous target of a petition by a concerned and well-meaning Filipino taxpayer for certiorari and prohibition with the Supreme Court on the ground of unconstitutionality!

If the BBL that were to emanate from Congress and the version we are trying to approve is
eventually stricken down by the Supreme Court as unconstitutional, then what happens? Would it mean that it is the end of the road for the proponents?

If the proponents are really bent on passing the BBL in the exact shape and form as drafted by the Palace and the MILF, then there would be no other legal recourse but to conduct a constituent assembly to study whether or not should have constitutional amendments. This essentially burns down to having the rest of the Philippines adjust its system so that it can go inside the Bangsamoro Autonomous Region.

The entire Philippines will change its constitution just to accommodate the Bangsamoro Autonomous Region.

Lagi kong naiisip na… which always comes to mind to think about this idea of the constitution being amended just to accommodate one government, one Local Government and that phrase is, it sounds to me…

So at this point, in our Legislative process, we are in the stages of interpolation and amendments of the Substitute BBL Bill in the Congress. We do this to further refine and improve the BLBAR, before it finally brought to the floor for voting and passage.

Presidential approval is to be expected in all probability, since he is the president who is behind the proposal. But even so, after the President signs the law into a Republic Act, the law shall ultimately be laid down before the affected people of Muslim Mindanao for their ratification at a plebiscite wherein all of the incumbents of the Bangsamoro Autonomous Region will answer the question­-

“DO YOU APPROVE OF THE BASIC LAW FOR BANGSAMORO AUTONOMOUS REGION?”

These are the peaceful, unifying, and constitutional ways of doing it. In the name of peace, let all these be done.

Hindi tayo papaya na mamadali, hindi tayo papaya na mag shortcut, we will not allowed to be railroaded, Not with threats of violence. Not with threats of war.

I will do everything to make sure that all the hard work will not be put waste especially on the mere whims and caprices of unseen forces working and weaving their way behind the background.

Your humble public servant assures our youth and our posterity that as an elected representative of the Filipino people, entrusted with the life and the future of our nation, I will continue the valiant struggles of our patriots by ensuring that the sovereignty and territorial integrity of our country are kept intact and respected by all, and our people united by a common aspiration for genuine and lasting peace, order, justice and development not only in Mindanao but in our entire country as well.

I hope that in this short exchange we tackled today you are able to pick up important lessons about our topic this morning, because of its sheer importance to our life as a nation, and to our lives as a Filipino people, especially to you—our young people. As the future of our great land, you shall be inheriting the country and the society that we—your progenitors and forbears—are now shaping and molding, and the peace that we are trying to establish in your behalf. What we are doing now is HISTORY IN THE MAKING. And by your active involvement and your insights in the national dialogue, you can also be part of the process of writing this particular chapter of Philippine history.

So, I urge you to be involved in your own ways as youthful, exuberant, dynamic and proactive students. I also humbly ask for your support, your patience and your understanding.